Pramila Devi And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13358 of 2017 Arising Out of PS. Case No.-37 Year-2015 Thana- SC/ST District- Jamui ====================================================== 1.

Pramila Devi and Anr Wife of Sri Naresh Mahto @ Naresh Kumar, 2.

Naresh Mahto @ Naresh Kumar, Son of Sri Puna Mahto, Both Resident of Village- Aliganj, P.S.- Chandradeep, District- Jamui, at present petitioner No.- 2 Posted as Assitant Teacher in Middle School, Aliganj, P.S.- Chandradeep, District- Jamui, ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Jagannath Rajak Ex- Incharge Headmaster Middle School Aliganj, Resident of Village& P.O.- Islam Nagar, P.S.- Chandradeep, District- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Mahto For the Opposite Party/s :

Mr.Smt Usha Kumari No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-09-2023 Heard the parties.

2. Learned counsel for the petitioners submits that the informant is the persons who had defalcated the amount and a false F.I.R. was registered by him.

3. The defence of the petitioners cannot be seen by this Court at this stage.

4. In view of the above, this application is disposed of with liberty to the petitioners to raise all the grounds at the stage of framing of charge. If such an application is filed, the Court is bound to examine the grounds in view of the law laid down by the Supreme Court in the case of Kanchan Kumar Vs. State of

Patna High Court CR. MISC. No.13358 of 2017(2) dt.20-09-2023 2/2 Bihar reported in (2022) 9 SCC 577.

(Sandeep Kumar, J) Saif/- U T